Dear Mr. Vernor:

This firm represents Autodesk, Inc. (“Autodesk”) in connection with investigating instances of unauthorized duplication and/or distribution of its proprietary software products. I understand that you have submitted a Counter-Notice to eBay regarding cancellation of Item Number 7151105209 for AutoCAD, Release 14 software. It also appears that you are in the business of selling items on auction web sites, such as eBay, for your customers. In your Counter-Notice, you certify under penalty of perjury that your listing of Autodesk software does not involve infringing material or use. I write to put you on notice of the fact that this is incorrect.

Autodesk software is licensed, not sold. When your customer purchased the package of AutoCAD, Release 14 software in question, the customer purchased a license, or a limited light, to use the software. The limiting terms of the license are set forth in the Autodesk Software License Agreement (the “Agreement”), which provides that Autodesk software licenses are "nontransferable," meaning that they cannot be sold or transferred by any other means. Thus, your attempted sale of Autodesk software violates the Agreement. Actions in violation of the Agreement also constitute copyright infringement.

By submitting the Counter-Notice, you have consented to jurisdiction in the federal court located here in the Northern District of California. Rather than simply filing suit against you here and obtaining judgment, which we would then have enforced in Washington, I thought I would provide you with an opportunity to remove the listing for Autodesk software voluntarily. I suspect you may have been unaware of the licensing restrictions involved. If you cooperate fully, we will be able to avoid litigation.

Please advise me of your intentions by the end of the month.

Very truly yours,

Andrew S. MacKay